Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
We find that the Supreme Court properly denied the branch of the defendant's motion which was to suppress the gun recovered by the police. The evidence adduced at the suppression hearing makes clear that the defendant's tossing of the gun under a parked car was not a spontaneous reaction to an unlawful police chase...
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